Can you get a divorce without having to divide
marital assets and debts?
There always has to be a division of
marital assets and debts.
It is important that in the divorce process,
all marital assets and debts are disclosed and documented.
However, a court could determine that their marriage ended as of the date they physically separated, and thus the values of all of
their marital assets and debts could be measured as of that date.
Of course, you and your spouse may specifically negotiate the legal date of separation in your agreement as you address the division of all of
your marital assets and debts.
Only
marital assets and debts are subject to division on divorce.
Most couples understand the concept of divorce, which involves: Filing a petition with the court Paying a filing fee Dividing
marital assets and debts...
Equitable distribution laws (laws related to division of
marital assets and debts) do not apply, so separating property and liabilities can get real messy, real quick.
Draft a proposal for the division of
marital assets and debts and an agreement regarding child support, custody and visitation, if you have children.
Divorce (contested and uncontested) and equitable distribution of
marital assets and debts: There are a number of legal reasons which permit the court to grant a divorce.
In any divorce, a fair and equitable division of
marital assets and debts are essential.
Spouses will need to bring current statements of
all marital assets and debts, as well as copies of tax returns for the previous three years, paystubs, W - 2's, any appraisals of properties or businesses, as well as other specific items.
A detailed settlement agreement will typically include a parenting plan, itemized list of
marital assets and debts, and a distribution plan for those assets and debts.
Pennsylvania law requires the court to divide
marital assets and debts in a fair and equitable manner.
Next it distributes
the marital assets and debts between the two parties in an equitable fashion.
The key to uncontested divorce is that both spouses must be in agreement about the terms and conditions of the divorce, including child custody and visitation; child support, health and dental insurance, and medical expenses for the children; tax deductions and exemptions; division of
the marital assets and debts; alimony; any other dispute involving the marriage; and lastly, the grounds for the divorce.
After all the pieces are in place and each of you has a complete picture of
your marital assets and debts, as well as your individual incomes and budgets, you can begin trying to negotiate a divorce settlement.
The divorce procedure is essentially the same when it comes to the distribution of
the marital assets and debts, retirement accounts, Social Security benefits, as well as alimony and inheritance rights.
In determining how to best divide
marital assets and debts, the court will consider what each spouse brought into the marriage.
To divide
marital assets and debts fairly in a Florida divorce, help from experienced attorneys is essential.
To speak to an experienced family law attorney about divorce and / or the division of
your marital assets and debts, email us at
[email protected], call (818) 348-6700, or fill out a case evaluation form.
In addition, you and your spouse may have signed a prenuptial or postnuptial agreement, which will usually dictate how a court will split
marital assets and debts.
To Divide
Marital Assets and Debts Fairly in a Florida Divorce, Help from Experienced Attorneys Is Paramount
How
marital assets and debts are divided in order to come up with a viable property settlement agreement can be one of the most contentious issues in divorce proceedings.
Obviously, the fair division of
marital assets and debts has a profound impact on the future financial well - being of divorcing parties.
A court will want to consider everything when it is attempting to determine how best to split
marital assets and debts, and to whom physical custody of the children will be awarded.
Equitable distribution laws (laws related to division of
marital assets and debts) do not apply, so separating property and liabilities can get real messy, real quick.
The first step in property division is identifying
all marital assets and debts, which then must be valued.
Property division: Wisconsin is a community property state, meaning that all community property (
marital assets and debts) are generally divided equally.
When couples go through the process of divorce, they are required to divide
the marital assets and debts between them.
Some of the main topics that need to be addressed are child custody, referred to now as legal decision - making, parenting time, child support, alimony (i.e., spousal maintenance), a division of
marital assets and debts, and the payment of attorney fees, expert witness fees, and court costs.
Most of the information will relate to your family's finances — what you and your spouse own and owe (
your marital assets and debts), your individual incomes, your projected monthly post-divorce budgets, etc. — but the lawyers will talk to potential witnesses and may also gather information about your individual parenting skills, health status, lifestyles, and so on.
Child custody, child support, division of
marital assets and debts, and spousal support (called alimony if you divorce) are all ordered by the court.
Florida courts observe equitable distribution of
marital assets and debt.
Major financial issues that arise from divorce include child support, spousal support and the distribution of
marital assets and debt.
It describes the agreements you have reached regarding alimony, health insurance, taxes, the division of
marital assets and debt, child support, child custody, parenting time, child tax credit, payment for children's activities, and payment of college tuition for marital children.
Not exact matches
iSplit Divorce lets you split up your
marital assets /
debts by using the «drag
and drop» feature of Apple's Mobile platform.
When a divorce is filed
and granted in New York State as an «Uncontested Divorce» it means that the parties to the divorce (the husband
and wife, or both spouses in a same - sex marriage), have signed their applicable divorce papers that were filed in court, to indicate that they both agree to all of the terms of their divorce, including: the equitable division of their joint
marital property (
assets and debts)
and the payment or waiver of spousal support.
Asset division also becomes more complex
and confusing if the spouses do not know what makes up their
marital and personal
assets and debts, income
and expenses.
If you
and your spouse have any joint
marital property (
assets or
debts) they can be divided in your divorce.
Take an inventory of personal
and marital property
and write down the
assets and debts that you have accumulated.
Marital property includes most
assets and debts a couple acquires during marriage.
This means that all
marital property is taken into account when dividing
assets and debt,
and the division is handled in a fair
and reasonable manner.
For example, your separation order will designate which spouse gets the
marital home, who should pay child support, holiday visitation
and child custody, each spouse's right to
assets and debts,
and even insurance coverage.
The financial arrangements involved in divorce, division of community property,
marital debts and assets, spousal maintenance / alimony, the question of which party stays in the
marital home,
and child support, are also best handled through negotiation
and / or ADR.
Marital property in Florida is considered to be all
assets and debts either spouse acquires during the marriage, unless there is a valid written agreement stating otherwise, regardless of whether the property or
debt is only in one spouse's name.
Ideally, you
and your spouse will decide together how you want to divide the
marital property — you'll have to decide things like whether one of you will keep the family home
and buy out the other spouse's interest or whether you'll sell the house; who will keep the furniture
and other tangible property; how you'll divide retirement
assets that each of you has accrued through your work;
and how to deal with
marital debts.
The settlement agreement must address all relevant issues, which can include division of
assets and debt, issues relating to children, who will maintain the
marital residence
and so forth.
The Judge also determines what he or she thinks ought to be included with the
marital property to be divided, the value of those
assets,
and how the
assets (
and debts) will be allocated as between the parties.
As long as the
asset or
debt was acquired during the marriage, with a few notable exceptions, it is considered
marital property
and will be divided in an equitable manner.